[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1165]


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[Federal Register: January 19, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Parts 672 and 675

[Docket No. 940102-4002, I.D. 122293D]
RIN 0648-AF17

 

Groundfish of the Gulf of Alaska; Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations that would implement Amendment 25 to 
the Fishery Management Plan (FMP) for the Groundfish Fishery of the 
Bering Sea and Aleutian Islands Area (BSAI). This amendment proposes to 
eliminate the primary Pacific halibut prohibited species catch (PSC) 
limit that, when reached, requires NMFS to close Bycatch Limitation 
Zones 1 and 2H of the Bering Sea. NMFS also proposes regulations that 
would authorize the release of vessel-specific observer data on bycatch 
of prohibited species, and prohibit the discard of salmon taken as 
bycatch in the BSAI groundfish trawl fisheries until each salmon has 
been counted by a NMFS-certified observer. This action is necessary for 
effective management of the halibut PSC limit established for BSAI 
trawl fisheries and to provide better information on salmon and other 
prohibited species bycatch. This action is intended to promote 
management and conservation of groundfish and other fish resources and 
to further the goals and objectives contained in the FMP for the 
Groundfish Fishery of the BSAI and the FMP for Groundfish of the Gulf 
of Alaska (GOA).

DATES: Comments must be received by 4:30 p.m., Alaska local time, 
February 28, 1994.

ADDRESSES: Comments may be sent to Ronald J. Berg, Chief, Fisheries 
Management Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 
99802 (Attn: Lori Gravel). Copies of the environmental assessment/
regulatory impact review (EA/RIR) may be obtained from the North 
Pacific Fishery Management Council, P.O. Box 103136, Anchorage, AK 
99510 (telephone 907-271-2809).

FOR FURTHER INFORMATION CONTACT: Susan J. Salveson, Fisheries 
Management Division, Alaska Region, NMFS, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    Fishing for groundfish by U.S. vessels in the exclusive economic 
zone of the GOA and the BSAI is managed by the Secretary of Commerce 
(Secretary) according to the FMP for Groundfish of the GOA and the FMP 
for the Groundfish Fishery of the BSAI. The FMPs were prepared by the 
North Pacific Fishery Management Council (Council) under the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1801, et seq.) 
(Magnuson Act), and are implemented by regulations governing the U.S. 
groundfish fisheries at 50 CFR parts 672 and 675. General regulations 
that also pertain to U.S. fisheries are codified at 50 CFR part 620.
    This action proposes regulations to implement Amendment 25 to the 
FMP for the Groundfish Fishery of the BSAI. If approved by the 
Secretary, this amendment would eliminate the primary halibut PSC limit 
established for BSAI trawl fisheries. This action also proposes two 
regulatory amendments that would (1) authorize the release of vessel-
specific observer data on bycatch of prohibited species, and (2) 
prohibit the discard of salmon taken as bycatch in the BSAI groundfish 
trawl fisheries until each salmon has been counted by a NMFS-certified 
observer. A description of, and reasons for, each of the proposed 
measures is presented below.

Amendment 25 to the FMP for the Groundfish Fishery of the BSAI 

    A 4,400-mt primary halibut PSC limit was established for specified 
BSAI trawl fisheries under Amendment 12a to the FMP for the Groundfish 
Fishery of the BSAI (54 FR 32642, August 9, 1989). When the primary 
halibut PSC limit was reached, Bycatch Limitation Zones 1 and 2H were 
closed to directed fishing for specified groundfish species. The intent 
of this closure was to reduce halibut bycatch rates experienced by the 
trawl fisheries without prohibiting the groundfish trawl fisheries 
access to the entire BSAI groundfish resource. When the secondary 
halibut bycatch limit established under Amendment 12a (5,333 mt) was 
reached, the entire BSAI was closed to directed fishing for specified 
groundfish species. A justification for and intent of the primary 
halibut PSC limit was discussed in the preamble to the final rule 
implementing Amendment 12a. Amendment 12a expired December 31, 1990, 
and was superseded by Amendment 16 to the FMP. Amendment 16 and its 
implementing regulations (56 FR 2700, January 24, 1991) maintained the 
primary and secondary halibut PSC limits at 4,400 mt and 5,333 mt, 
respectively. Amendment 19 to the FMP maintained the primary halibut 
PSC limit at 4,400 mt, but reduced the secondary limit to 5,033 mt. 
This adjustment was effective only for the 1992 fishing year (57 FR 
43926, September 23, 1992).
    Under Amendment 19, the smaller difference between the primary and 
secondary halibut PSC limits frustrated NMFS' ability to monitor the 
primary halibut PSC limit in a manner to allow closures before the 
secondary limit was reached. As a result, trawl closures ensuing from 
halibut bycatch restrictions increasingly were implemented under the 
secondary limit rather than the primary limit. This situation continues 
under Amendment 21 to the FMP, which superseded Amendment 19 and 
converted the primary and secondary halibut PSC limits established for 
trawl gear fisheries from catch limits to mortality limits (3,300 mt 
mortality and 3,775 mt mortality, respectively) (58 FR 14524, March 18, 
1993).
    Questions have been raised regarding the effectiveness of the 
primary PSC mortality limit to reduce halibut bycatch rates for two 
reasons. First, the minor difference between the primary and secondary 
limits constrains NMFS' ability to implement fishery closures under the 
primary limit before the secondary limit is reached. Second, observer 
data on halibut bycatch rates do not indicate that closure of Bycatch 
Limitation Zones 1 and 2H under the primary limit necessarily reduces 
halibut bycatch rates to allow more groundfish to be harvested before 
the secondary limit is reached. To the contrary, closure of Zones 1 and 
2H often increases bycatch rates by forcing fisheries to move to areas 
with lower groundfish catch per unit of effort and higher halibut 
bycatch rates. Once the secondary limit is reached, the entire BSAI is 
closed to directed fishing for specified groundfish species by vessels 
using non-pelagic trawl gear (50 CFR 675.21(c)(1)(iv)).
    To respond to these concerns, NMFS prepared a draft analysis for a 
proposed FMP amendment to eliminate the primary halibut PSC limit. The 
draft analysis was reviewed by the Council and its Advisory Panel (AP) 
and Scientific and Statistical Committee (SSC) during the Council's 
September 1992 meeting and adopted for public review. At its December 
1992 meeting, the Council considered the testimony and recommendations 
of the AP, SSC, fishing industry representatives, and the general 
public on the proposed action to eliminate the primary halibut PSC 
mortality limit. The Council adopted the proposed action under 
Amendment 25 to the FMP and requested NMFS to prepare a proposed rule 
to implement the action. The action would not affect the secondary 
halibut bycatch mortality limit established for the BSAI trawl 
fisheries (3,775 mt).

Mandatory Retention of Salmon Until Counted by a NMFS-certified 
Observer

    At its September 1993 meeting, the Council requested that NMFS 
prepare a proposed rule for review and approval that would prohibit the 
discard of salmon taken in the BSAI groundfish trawl fisheries until a 
NMFS-certified observer has counted each fish and collected any 
scientific data or biological samples that the observer had been 
requested by NMFS to obtain. Regulations to prohibit the discard of all 
salmon taken in groundfish trawl operations until an observer has 
counted each salmon would provide the opportunity to collect better 
data on salmon bycatch. These data could be used to assess the quality 
of bycatch rate estimates derived from existing observer sampling 
procedures and provide additional information with which to assess the 
magnitude of salmon bycatch in the Alaska trawl fisheries. Additional 
data collected on salmon taken as bycatch in the BSAI trawl fisheries 
also could be used to assess long-term management measures that may be 
developed to address the salmon bycatch problem. Mandatory retention of 
salmon until counted by an observer also would support independent 
industry initiatives to explore factors that may be correlated with 
salmon bycatch and identify changes in fishing operations that could 
reduce salmon bycatch rates.
    NMFS concurs that additional information on salmon bycatch would be 
desirable and is necessary to develop management actions to address the 
salmon bycatch problem in the Alaska groundfish trawl fisheries. 
Regulations implementing the Council's request would require operators 
of vessels carrying observers whose fishing operation allows for 
sorting of groundfish catch to sort all salmon from the groundfish 
catch and store the salmon in a separate bin or other location on the 
vessel that allows the observer free and unobstructed physical access 
to each salmon for observation and collection of scientific data or 
biological samples. Operators of vessels not carrying observers onboard 
or whose fishing operation does not allow for sorting of groundfish 
catch for salmon must ice, freeze, or store in a refrigerated saltwater 
tank all salmon taken as bycatch in trawl operations for delivery to 
the processor receiving the vessel's groundfish catch.
    Processors receiving groundfish from trawl vessels participating in 
a directed fishery for BSAI groundfish would be required to retain all 
salmon delivered by each vessel during a weekly reporting period in 
separate bins marked with the vessel's name and Alaska Department of 
Fish and Game (ADF&G) fish ticket number(s) until a NMFS-certified 
observer has counted each salmon and collected any scientific data or 
biological samples that are requested by the NMFS Observer Program. 
Processors without observer coverage immediately available would be 
required to store all salmon until a NMFS-certified observer is 
available to count each fish. Salmon must be stored at a location that 
allows an observer free and unobstructed access to each salmon.
    NMFS proposes to require vessel operators and managers of shoreside 
processing operations to designate a crew person or employee who would 
be responsible for proper sorting, retention, and storage of salmon 
until a NMFS-certified observer has notified the vessel operator or 
manager of the shoreside operation that the number of salmon and any 
biological samples have been obtained. Upon the request of the 
observer, the designated crew person or employee also would be 
responsible to help count salmon and take biological samples from 
retained salmon under the direction of the observer. The intent of this 
proposed requirement is to support industry initiatives to obtain 
better data on salmon bycatch and to facilitate the collection of these 
data in a manner that does not jeopardize the collection of other 
scientific or catch data that NMFS-certified observers currently are 
required to obtain.
    Processors without observer coverage would be required to freeze 
salmon until such time as an observer is available to count retained 
fish. Some processors are never required to obtain an observer because 
their groundfish processing operation never exceeds 500 metric tons 
(mt) during a single month. Mandatory retention would require these 
processing operations to freeze salmon carcasses for an unknown period 
of time until an observer is obtained to count the fish. Although not 
quantified, the associated costs to unobserved processing operations 
resulting from long-term storage of salmon likely are unreasonable 
relative to the amounts of groundfish processed and corresponding 
salmon bycatch that could be expected from the small amounts of 
groundfish delivered to these processing operations. Therefore, NMFS 
proposes to exempt processors from mandatory retention of salmon during 
those months that the processor is exempt from obtaining observer 
coverage under regulations implementing the Observer Program (50 CFR 
672.27 and 675.25). Currently, this exemption applies to mothership 
processors and shoreside processing facilities that receive less than 
500 mt of groundfish during a month.
    All salmon, regardless of whether possessed at sea or at land-based 
processors, would be required to be returned to Federal waters 
immediately with a minimum of injury regardless of condition, following 
notice by a NMFS-certified observer that salmon have been counted and 
the collection of any scientific data or biological samples has been 
completed. The discard of any salmon prior to notification by a NMFS-
certified observer that salmon have been counted would constitute a 
violation of regulations authorized under the Magnuson Act. Such 
violations would be subject to enforcement action under the Magnuson 
Act.

Release of Observer Data on Vessel Bycatch Amounts of Salmon and 
Bycatch Rates of Other Prohibited Species

    Observer data may be protected from public disclosure under the 
Freedom of Information Act (FOIA) because it is considered commercial 
or financial information (5 U.S.C. 552(b)(4)). Release of such 
information may be facilitated by regulatory action.
    At its September 1993 meeting, the Council requested NMFS to 
prepare a proposed rule that would authorize the release of certain 
weekly observer data: The name and Federal permit number of each vessel 
participating in a directed fishery for Alaska groundfish; the number 
of chinook salmon and other salmon species taken by each vessel; and 
the observed bycatch rates of Pacific halibut, Pacific herring, king 
crab, and C. bairdi Tanner crab of vessels participating in the BSAI or 
GOA groundfish fisheries. Members of the groundfish industry have 
requested that vessel bycatch amounts or rates be made available in as 
timely a manner as possible to support independent industry initiatives 
to address the bycatch problem.
    To further support industry initiatives to reduce prohibited 
species bycatch rates in the groundfish trawl fisheries, members of the 
groundfish industry have submitted a separate request to NMFS for the 
release of additional observer data on prohibited species bycatch in 
most BSAI and GOA groundfish trawl fisheries. NMFS believes that 
disclosure of these observer data collected since 1992 could facilitate 
research by industry on salmon and other prohibited species bycatch 
that hopefully would lead to more informed decisions by vessel 
operators on alternative fishing practices to minimize bycatch rates of 
these species. These data would not be identified by vessel and would 
include the following data for observed hauls in the trawl fisheries:
Date;
Time of day gear is deployed;
Latitude and longitude at beginning of haul;
Bottom Depth;
Fishing depth of trawl;
Rate chinook salmon (number of salmon/mt groundfish);
Rate other salmon (number of salmon/mt groundfish);
Rate Pacific halibut (kilograms halibut/mt groundfish;
Rate Pacific herring (kilograms herring/mt groundfish);
Rate king crab (number of crab/mt groundfish);
Rate bairdi Tanner crab (number of crab/mt groundfish);
Sea surface temperature (where available); and
Sea temperature at fishing depth of trawl (where available).

    Representatives of the Alaska trawl industry have requested that 
the above observer data on specific hauls not be released for vessels 
participating in the rockfish, Greenland turbot, or Atka mackerel trawl 
fisheries because substantial competitive harm could result. These 
fisheries are conducted by a small number of vessels, involve 
relatively small amounts of quota, and are geographically specific in 
nature. Releasing observer data on individual hauls could effectively 
disclose commercial information of the current participants and cause 
them to suffer substantial competitive harm. The rockfish, Greenland 
turbot, and Atka mackerel fisheries generally have low salmon bycatch 
rates and contribute relatively little to the overall salmon bycatch 
amounts annually experienced in the Alaska trawl fisheries. 
Consequently, excluding from disclosure the observer data collected 
onboard vessels participating in the rockfish, Greenland turbot, or 
Atka mackerel fisheries is not anticipated to impair the effectiveness 
of industry initiatives to address the salmon bycatch problem.
    Trawl industry representatives have not presented to NMFS concerns 
about the release of observer data that includes vessel name and 
prohibited species bycatch amounts or rates or haul-specific observer 
data for groundfish fisheries other than the rockfish, Greenland 
turbot, or Atka mackerel fisheries. Other participants in the 
groundfish fisheries may perceive that the release of these observer 
data may cause substantial competitive harm to vessel operators, 
owners, or other persons involved in the groundfish fishing industry 
because the disclosure of haul location and depth data for these 
fisheries involves the release of traditionally closely held commercial 
information. Therefore, the disclosure of observer data on prohibited 
species bycatch and associated haul location and depth information 
could possibly be expected to divulge information on specific fishing 
operations in a manner that would result in substantial competitive 
harm.
    Pursuant to a request for information under the FOIA, NMFS has 
determined that the disclosure of observer data for vessel haul 
location and depth in the BSAI pollock and cod fisheries collected 
during 1993 is not reasonably expected to result in competitive harm. 
This disclosure is based on the determination that trawl operations for 
pollock and cod in the BSAI occur within fairly well demarcated areas 
that have consistently supported historic foreign, joint venture, and 
domestic fisheries for these species. Given the established nature of 
these fisheries and the relative concentration of fishing effort to 
known fishing grounds, NMFS does not expect that the release of haul 
position and depth would result in the identification of unique fishing 
operations for pollock and cod that are not already known by the 
participants in these fisheries. However, NMFS still is concerned about 
whether the conditions allowing for the disclosure of observer data 
collected in the BSAI pollock and Pacific cod fisheries will continue 
in the future. Accordingly, NMFS has not exempted the BSAI pollock and 
Pacific cod fisheries from this proposed rule.
    This proposed rule is in accordance with Department of Commerce 
regulations relating to the disclosure of commercial or financial 
information (15 CFR 4.7(h)). Under these regulations, NMFS may disclose 
commercial or financial information if (1) a notice of intent to 
disclose such information is adopted by NMFS pursuant to notice and 
public comment, (2) NMFS specifies narrow classes of records submitted 
to it that are to be released under the FOIA, and (3) NMFS provides in 
exceptional circumstances for notice when the submitter provides 
written justification, at the time the information is submitted, that 
disclosure of the information could reasonably be expected to cause 
substantial competitive harm.
    Consistent with 15 CFR 4.7(h), in exceptional circumstances, vessel 
owners and operators may provide to the Regional Director written 
justification at the time the observer data are submitted, or within a 
reasonable time thereafter (such as 24 hours), that disclosure of the 
information could reasonably be expected to cause substantial 
competitive harm. The Regional Director would consider objections and 
specific grounds for nondisclosure prior to determining whether to 
release the observer data. An example of an exceptional circumstance 
that would warrant Regional Director consideration of observer data 
would be when fewer than three vessels participate in a particular 
trawl fishery during a weekly reporting period and release of location 
or depth data for individual hauls observed onboard those vessels would 
result in substantial competitive harm. Exceptional circumstances that 
would result in the nondisclosure of observer data on vessel name and 
weekly bycatch amounts or rates of prohibited species have not been 
identified by NMFS. Public comment is specifically encouraged on 
additional exceptional circumstances that may justify nondisclosure.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has initially 
determined that this proposed rule is necessary for the conservation 
and management of the groundfish fishery off Alaska and that, pending 
Secretarial approval of Amendment 25, it would be consistent with the 
Magnuson Act and other applicable laws.
    The RIR prepared for the proposed action concludes that this 
proposed rule, if adopted, would not have significant impacts on a 
substantial number of small entities. A copy of this analysis is 
available from the Council (see ADDRESSES). Every vessel operator 
participating in the Alaska groundfish fisheries and every processor 
receiving BSAI groundfish would be affected by the proposed action. 
Most operators of catcher vessels harvesting groundfish off Alaska meet 
the definition of a small entity under the Regulatory Flexibility Act. 
In 1992, 180 catcher vessels landed groundfish from the BSAI. All these 
vessel operators would be affected by the preferred alternatives, 
particularly those that participate in the pollock fishery (about 123 
vessels). The economic impact on small entities under the proposed 
action would not result in a reduction in annual gross revenues by more 
than 5 percent, annual compliance costs that increase total costs of 
production by more than 5 percent, or compliance costs for small 
entities that are at least 10 percent higher than compliance costs as a 
percent of sales for large entities.

List of Subjects in 50 CFR Parts 672 and 675

    Fisheries, Reporting and recordkeeping.

    Dated: January 12, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR parts 672 and 675 
are proposed to be amended as follows:

PART 672--GROUNDFISH OF THE GULF OF ALASKA

    1. The authority citation for 50 CFR part 672 continues to read as 
follows:

    Authority: 16 U.S.C. 1801, et seq.

    2. In Sec. 672.7, paragraph (n) is added to read as follows:


Sec. 672.7  Prohibitions.

* * * * *
    (n) Discard any salmon taken as bycatch in a directed fishery for 
Bering Sea and Aleutian Islands Area groundfish by vessels using trawl 
gear until notified by a NMFS-certified observer that all salmon have 
been counted and the collection of any scientific data or biological 
samples has been completed as provided at 50 CFR 675.20(c)(6).
    3. In Sec. 672.27, a new paragraph (g) is added to read as follows:


Sec. 672.27  Observers.

* * * * *
    (g) Disclosure of observer data to the public. (1) The following 
information collected by observers for each catcher processor and 
catcher vessel may be made available to the public:
    (i) Vessel name and Federal permit number;
    (ii) Number of chinook salmon and ``other salmon'' observed during 
a weekly reporting period;
    (iii) The ratio of total round weight of halibut or Pacific herring 
to the total round weight of groundfish in sampled hauls during a 
weekly reporting period; and
    (iv) The ratio of number of king crab or C. bairdi Tanner crab to 
the total round weight of groundfish in sampled hauls during a weekly 
reporting period.
    (2) The following information for observed hauls collected by 
observers onboard vessels using trawl gear to participate in a directed 
fishery for groundfish other than rockfish, Greenland turbot, or Atka 
mackerel may be made available to the public:
    (i) Date;
    (ii) Time of day gear is deployed;
    (iii) Latitude and longitude at beginning of haul;
    (iv) Bottom depth;
    (v) Fishing depth of trawl;
    (vi) Rate chinook salmon (number of salmon/mt groundfish);
    (vii) Rate other salmon (number of salmon/mt groundfish);
    (viii) Rate Pacific halibut (kilograms halibut/mt groundfish);
    (ix) Rate Pacific herring (kg herring/mt groundfish);
    (x) Rate king crab (number of crab/mt groundfish);
    (xi) Rate C. bairdi Tanner crab (number of crab/mt groundfish);
    (xii) Sea surface temperature (where available); and
    (xiii) Sea temperature at fishing depth of trawl (where available).
    (3) In exceptional circumstances, the owners and operators of 
vessels may provide to the Regional Director written justification at 
the time observer data are submitted or within a reasonable time 
thereafter, that disclosure of the information listed in paragraphs 
(g)(1) or (g)(2) of this section could reasonably be expected to cause 
substantial competitive harm. The determination whether to disclose the 
information will be made pursuant to 15 CFR 4.7.

PART 675--GROUNDFISH OF THE BERING SEA AND ALEUTIAN ISLANDS AREA

    4. The authority citation for 50 CFR part 675 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.


Sec. 675.2  [Amended]

    5. In Sec. 675.2, the definition of Bycatch Limitation Zone 2H is 
removed.
    6. In Sec. 675.7, paragraph (o) is added to read as follows:


Sec. 675.7  General prohibitions.

* * * * *
    (o) Discard any salmon taken as bycatch in a directed fishery for 
groundfish by vessels using trawl gear until notified by a NMFS-
certified observer that all salmon have been counted and the collection 
of any scientific data or biological samples has been completed as 
provided at Sec. 675.20(c)(6) of this part.
    7. In Sec. 675.20, paragraphs (c)(3) and (c)(4) are revised and new 
paragraph (c)(6) is added to read as follows:


Sec. 675.20  General limitations.

* * * * *
    (c) * * *
    (3) The operator of each vessel regulated under this part must sort 
its catch as soon as possible after retrieval of the gear and, except 
as provided under paragraph (c)(6) of this section, must return all 
prohibited species or parts thereof to the sea immediately with a 
minimum of injury, regardless of its condition, after allowing for 
sampling by an observer if an observer is onboard.
    (4) Except as provided under paragraph (c)(6) of this section, it 
will be a rebuttable presumption that any prohibited species retained 
onboard a fishing vessel regulated under this part was caught and 
retained in violation of this section.
* * * * *
    (6) Retention of salmon.--(i) Except as provided in paragraph 
(c)(6)(v) of this section, the operator of a vessel and the manager of 
a shoreside processing operation must not discard any Pacific salmon 
species taken incidental to any directed fishery for groundfish using 
trawl gear until all salmon have been counted by a NMFS-certified 
observer and the collection of any scientific data or biological 
samples from the salmon has been completed.
    (ii) Operators of vessels carrying observers onboard and whose 
fishing operations allow for sorting of groundfish catch for salmon 
must retain all salmon bycatch in a separate bin or other location that 
allows an observer free and unobstructed physical access to the salmon 
to count each fish and collect any scientific data or biological 
samples.
    (iii) Operators of vessels not carrying observers onboard or whose 
fishing operations do not allow for sorting of groundfish catch for 
salmon must ice, freeze, or store in a refrigerated saltwater tank all 
salmon taken as bycatch in trawl operations for delivery to the 
processor receiving the vessel's groundfish catch.
    (iv) Processors receiving groundfish harvested in a directed 
fishery for groundfish using trawl gear must retain all salmon 
delivered by each trawl vessel during a weekly reporting period in 
separate bins marked with the vessel's name and ADF&G fish ticket 
number(s) for each delivery until a NMFS-certified observer has counted 
each salmon and collected any scientific data or biological samples 
from the salmon delivered to the processor by that vessel. Processors 
without an observer present must store whole salmon in an iced or 
frozen state until an observer is available to count each fish. Salmon 
must be stored at a location that allows an observer free and 
unobstructed physical access to each salmon.
    (v) Mothership processor vessels and shoreside processing 
facilities that are exempt from obtaining observer coverage during a 
month under Sec. 675.25 of this part or 50 CFR part 672.27 are exempt 
from mandatory retention of salmon under this paragraph (c)(6).
    (vi) Operators of vessels and managers of shoreside processing 
operations that are required to retain salmon under paragraph (c)(6)(i) 
of this section must designate and identify to the NMFS-certified 
observer onboard the vessel or at the shoreside operation a crew person 
or employee to be responsible for sorting, retention, and storage of 
salmon consistent with this paragraph (c)(6). Upon the request of the 
NMFS-certified observer, the designated crew person or employee also is 
responsible for counting salmon and taking biological samples from 
retained salmon under the direction of the observer.
    (vii) Salmon must be returned to Federal waters immediately with a 
minimum of injury regardless of condition, following notice by a NMFS-
certified observer that salmon have been counted and the collection of 
any scientific data or biological samples has been completed.
    8. In Sec. 675.21, paragraphs (a)(4) and (c)(1)(iii) are removed; 
paragraphs (a)(5) through (a)(7) are redesignated paragraphs (a)(4) 
through (a)(6), respectively; paragraph (c)(1)(iv) is redesignated as 
paragraph (c)(1)(iii); and paragraphs (b)(1) introductory text, 
(b)(2)(i) and newly redesignated paragraphs (a)(4) and (c)(1)(iii) are 
revised to read as follows:


Sec. 675.21  Prohibited species catch (PSC) limitations.

    (a) * * *
    (4) The PSC limit of Pacific halibut caught while conducting any 
trawl fishery for groundfish in the Bering Sea and Aleutian Islands 
Management Area during any fishing year is an amount of Pacific halibut 
equivalent to 3,775 mt of halibut mortality.
* * * * *
    (b) * * *
    (1) Apportionment to trawl fishery categories. NMFS, after 
consultation with the Council, will apportion each PSC limit set forth 
in paragraphs (a)(1) through (a)(5) of this section into bycatch 
allowances for fishery categories specified in paragraph (b)(1)(iii) of 
this section, based on each category's proportional share of the 
anticipated incidental catch during a fishing year of prohibited 
species for which a PSC limit is specified and the need to optimize the 
amount of total groundfish harvested under established PSC limits. The 
sum of all bycatch allowances of any prohibited species will equal its 
PSC limit.
* * * * *
    (2) * * *
    (i) The Secretary, after consultation with the Council, may 
apportion the halibut PSC limit for non-trawl gear set forth in 
paragraph (a)(6) of this section into bycatch allowances for fishery 
categories specified in paragraph (b)(2)(ii) of this section, based on 
each category's proportional share of the anticipated bycatch mortality 
of halibut during a fishing year and the need to optimize the amount of 
total groundfish harvested under the non-trawl halibut PSC limit. The 
sum of all halibut bycatch allowances will equal the halibut PSC limit 
specified at paragraph (a)(6) of this section.
* * * * *
    (c) * * *
    (1) * * *
    (iii) Halibut bycatch allowance. If, during the fishing year, the 
Regional Director determines that U.S. fishing vessels participating in 
any of the trawl fishery categories listed in paragraphs (b)(1)(iii)(B) 
through (F) of this section in the Bering Sea and Aleutian Islands 
Management Area will catch the halibut bycatch allowance, or seasonal 
apportionment thereof, specified for that fishery category under 
paragraph (b) of this section, NMFS will publish in the Federal 
Register the closure of the entire Bering Sea and Aleutian Islands 
Management Area to directed fishing for the species and/or species 
group that comprises that fishery category (which together constitute a 
species or species group for purposes of the directed fishing 
standards) for the remainder of the year or for the remainder of the 
season, except that when a bycatch allowance, or seasonal apportionment 
thereof, specified for the pollock/Atka mackerel/``other species'' 
fishery category is reached, only directed fishing for pollock is 
closed to trawl vessels using non-pelagic trawl gear.
* * * * *
    9. In Sec. 675.25, a new paragraph (g) is added to read as follows:


Sec. 675.25  Observers.

* * * * *
    (g) Release of observer data to the public. (1) The following 
information collected by observers for each catcher processor and 
catcher vessel may be made available to the public:
    (i) Vessel name and Federal permit number;
    (ii) Number of salmon observed during a weekly reporting period;
    (iii) The ratio of total round weight of halibut or Pacific herring 
to the total round weight of groundfish in sampled hauls during a 
weekly reporting period; and
    (iv) The ratio of the number of king crab or C. bairdi Tanner crab 
to the total round weight of groundfish in sampled hauls during a 
weekly reporting period.
    (2) The following information for observed hauls collected by 
observers onboard vessels using trawl gear to participate in a directed 
fishery for groundfish other than rockfish, Greenland turbot, or Atka 
mackerel may be made available to the public:
    (i) Date;
    (ii) Time of day gear is deployed;
    (iii) Latitude and longitude at beginning of haul;
    (iv) Bottom depth;
    (v) Fishing depth of trawl;
    (vi) Rate chinook salmon (number of salmon/mt groundfish);
    (vii) Rate other salmon (number of salmon/mt groundfish);
    (viii) Rate Pacific halibut (kilograms halibut/mt groundfish);
    (ix) Rate Pacific herring (kg herring/mt groundfish);
    (x) Rate king crab (number of crab/mt groundfish);
    (xi) Rate C. bairdi Tanner crab (number of crab/mt groundfish);
    (xii) Sea surface temperature (where available); and
    (xiii) Sea temperature at fishing depth of trawl (where available).
    (3) In exceptional circumstances, the owners and operators of 
vessels may provide to the Regional Director written justification at 
the time observer data are submitted or within a reasonable time 
thereafter, that disclosure of the information listed in paragraphs 
(g)(1) or (g)(2) of this section could reasonably be expected to cause 
substantial competitive harm. The determination whether to disclose the 
information will be made pursuant to 15 CFR 4.7.

[FR Doc. 94-1165 Filed 1-13-94; 2:10 pm]
BILLING CODE 3510-22-P